A row of brick and wood triple-decker apartment buildings on a Boston street in autumn, illustrating the tenant right of first refusal bill.

Boston City Council Backs Tenant Right of First Refusal Bill

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The Boston City Council has adopted a resolution backing a tenant right of first refusal bill at the State House, according to a City Council news post published Oct. 13, 2026. The resolution supports H.1544 and S.998, An Act to Guarantee a Tenant’s First Right of Refusal, and urges the Massachusetts Legislature to advance and enact it.

The measure is commonly called a Tenant Opportunity to Purchase Act, or TOPA. A council resolution expresses the body’s position but does not change state or city law; any tenant purchase rule would have to come from the Legislature, and under the bill text, from each city or town that chooses to adopt it.

What the Tenant Right of First Refusal Bill Would Do

According to the council’s summary, the legislation would let tenants organize through a tenant association and pursue the purchase of their building when an owner decides to sell. Tenants could buy on their own or work with partners such as nonprofit organizations, community development corporations, affordable housing developers or community land trusts, which could help with financing and closing.

The council’s post says owners would still be able to sell to an outside buyer if tenants choose not to buy, and that the bill would not require owners to sell at a lower price or on different terms than a third-party offer. Tenants would instead get a chance to match that offer. The post lists exemptions for certain small property owners, some family transfers and new construction.

The bill text on the Legislature’s website frames the policy as a “municipal local option,” meaning it would apply only in communities that vote to accept it. H.1544 was filed by Boston Reps. Jay Livingstone and Rob Consalvo; S.998 was filed by Sen. Patricia Jehlen of Somerville with co-petitioners including Sens. Adam Gomez and James K. Hawkins and Rep. Mike Connolly.

Where the Bill Stands on Beacon Hill

The Legislature’s bill pages show both bills received a joint Housing Committee hearing on Nov. 19, 2025. The Senate bill was reported favorably on Dec. 8, 2025, and sent to Senate Ways and Means. The House bill was reported favorably on Jan. 12, 2026, and sent to House Ways and Means.

Separately, versions of the policy were folded into the House and Senate economic development bills this summer. CommonWealth Beacon reported on Sept. 18 that a six-member conference committee was negotiating a single version of that bill. According to its reporting, the House version would apply only in cities and towns that opt in and would exempt landlords who own six units or fewer, while the Senate version would create a five-year pilot in five communities.

The council’s resolution, as described in the city’s post, refers to the standalone bills, H.1544 and S.998.

The Council’s Stated Reasons

The resolution states that giving tenants a meaningful opportunity to buy their homes could promote housing stability, preserve affordability, reduce displacement and strengthen neighborhood continuity in Boston, according to the council. The post says the bill is intended to preserve what housing advocates call “naturally occurring affordable housing,” meaning unsubsidized rentals that tend to cost less because of a building’s age, size or condition.

The council has taken up related housing questions this fall, including a proposed condo conversion ordinance that would cover triple-deckers. Mayor Michelle Wu’s administration has also moved on supply, as in its recent use of BPDA powers for housing tax incentives on about 1,400 units.

What Supporters and Opponents Have Said

Supporters and opponents have stated their positions in testimony and public statements during this session.

Jehlen has said the policy “would allow communities to slow displacement and gentrification,” according to CommonWealth Beacon, which cited The Somerville Times. Sen. Lydia Edwards of East Boston, a Senate co-sponsor, told the outlet that Massachusetts already gives some tenants purchase rights, such as manufactured housing residents and tenants facing condo conversions. CommonWealth Beacon also reported that Fenway Forward, a Fenway community group, testified in favor and described twice trying to buy a 55-unit Fenway building, in 2019 and 2022, without success.

Rep. David DeCoste, a Norwell Republican, has said he is concerned the measure “will have a severely detrimental impact on small property owners,” according to the same report. In a Sept. 10 letter to the conference committee posted by the Small Property Owners Association, a coalition of real estate, banking and housing groups wrote that TOPA would cause delays in property sales, complicate financing and title, reduce rental stock and lower assessed values. MassLandlords, a landlord trade group, has written that it “opposes TOPA in all forms.”

A version of the policy passed at the end of the 2019-2020 session, but then-Gov. Charlie Baker vetoed that section, saying he was concerned that less predictable multifamily sales would lead to less investment and fewer rental units, CommonWealth Beacon reported.

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